My daughter was stopped from walking on a public sidewalk by a security guard

[independentpiney]

for the retirement community she passes in front of on her nightly walk/jog . The woman asked her how old she was, and after telling her she was 20, the rent a cop told her their residents had been complaining about loud teens walking by and they like to keep the residents happy. She responded that she was an adult and was wearing ear buds, to which the woman told her "just move to the other side of the street". Not wanting confrontation, my daughter crossed the street for the last three blocks home.

She's incredulous and feels sort of humiliated. I'm really pissed off. I've told her not to change her route and to make sure she puts her phone on record before any future encounters. I would think this has to be some sort of civil rights violation, even though it's minor in comparison to so many others happening every day.

[AwakeAtLast]

1. The security guard is out of his area

If he is employed by the retirement community, his area to secure is the property, not the sidewalk.

Good idea to tell her to record the incident. If she is accosted on the public sidewalk again, she should go to the authorities.

[yeoman6987]

3. What time was it?

Homes are not normally that close to the gate. Not sure if rights were taken away by asking to cross the street but there are some items needed cleared up.

[independentpiney]

8. It was about 10:15 tonight

It's a huge mid-rise condo complex ,walled but not gated, with the closest row of buildings fronting probably about 50 ft from the sidewalk. The security guard was near the bus kiosk, which is about 100 feet from the entrance.

[WorseBeforeBetter]

11. Is it safe for a young woman to be out for a walk/jog at night wearing earbuds? (n/t)

[independentpiney]

16. Yes, it's very safe in the area where she runs.

All well lit sidewalks with a fairly steady flow of joggers and dog walkers at that time of night.

[localroger]

20. She should do two things:

First, complain directly to the retirement community. Inform them that their guard is asserting an authority she does not have on the public sidewalk and her actions were discriminatory and humiliating. Also, remind them that if the guard lays a hand on you to impede your progress, that's assault, and if it happens again legal consequences will follow.

Second, if it happens again, do not answer any questions or cooperate in any way. If pressed, ask the guard who she works for, and when the answer isn't the city point to the inner edge of the sidewalk and say "Then I believe your authority to tell me to do anything ends at that line. This sidewalk is a public conveyance and you are violating my rights." And record it so the legal consequences can follow.

[Nye Bevan]

2. If some jumped-up wannabe cop is kicking people off public sidewalks,

he should be reported to the real police.

[Renew Deal]

4. The security guard is just looking for something to do.

If this is a problem again she should tell the security person that if this is a problem for her, she should call the police.

[independentpiney]

14. Yes, I told her she should have told her to call the real police

I am wondering though if the security guard was just looking for something to do or if the condo association asked them to add the sidewalk to their patrol rounds. They do like to walk their dogs out there even though many of them are scared of anyone not like them.

[Warpy]

5. Time for a complaint to the cops and the city.

While I sympathize with old folks who have trouble sleeping under the best of circumstances, jogging down the sidewalk while on ear buds and not causing a ruckus is no reason for some overgrown hall monitor to kick her off a sidewalk. Sidewalks belong to us all. I'd have told her to call the cops unless I was black. If I were black and she pulled that shit, I'd lodge complaints about it all over the place.

And yeah, I'd probably make it a racial issue, too.

I've come to the conclusion that there are no small civil rights violations. The little ones add up fast into a pattern of a very big one.

[Liberal_in_LA]

6. she has a right to be on that sidewalk. help her craft a verbal response for next time

Maybe look up the law regarding sidewalk access to cite

[pipoman]

7. The only people who can violate one's civil rights are government employees...

The best response is to laugh a little, put the earbuds back in and keep walking..

[NorthCarolinaL]

9. Pretty much this.

The security guard has no authority over her. If your daughter complied, then that is on her. The police would laugh to themselves about recording/reporting the incident.

[independentpiney]

10. Thanks for confirming, that's how I thought civil rights violations were

Not sure laughing at and walking away from a frustrated wannabe cop is the best response though, unless you're willing to risk an escalation. Especially here in Floriduh.

[pipoman]

12. Yeah, I probably carry myself differently than a 20 year old girl..true enough...

[pnwmom]

13. Maybe call the facility's office and tell them if this happens again, they're going to be

hearing from your attorney. A lawsuit for harassment won't help their public profile in the community. Then they would have to talk about how upset their seniors are by the noise in the neighborhood, etc.

An alternative would be to tell them that you're going to take this to the local newspaper. I doubt that this place wants negative publicity about actions they can't hope to justify. Actions that could make prospective families think this place has a noise or teenager problem.

[PatrickforO]

15. Complain. Post the text above on the retirement home's Facebook, and find out who

the owners are and write to them. Call them up also and complain. Don't stop until you have an apology.

If your daughter walks in front of that home again and is again accosted, have her make a video on her phone and then see a lawyer.

That is, if you really want to push it.

People really do listen to complaints if you make them right.

[independentpiney]

17. It looks they don't have a facebook

Last edited Sat Jul 4, 2015, 03:03 AM - Edit history (1)

there's a link on their website. but it goes to their web hosts facebook.
http://www.townshorescommunity.com/

It does have their contact info though, so I will be writing them and she will be videoing if she's accosted again. And if it does I will want to really push it.

[No Vested Interest]

18. Smile (not laugh) at the cop wannabe and continue on your way,

without crossing the street - next time.
If pressed further on the third time, explain calmly and non-defensively, that you are not disturbing the residents and that you must be on your way now.
If a fourth stop, then it's time to express that the security guard has no authority over you (your daughter), you are not making noise or disturbing the residents and you request that the matter be dropped or you will have to contact the authorities - both in the residence and the civil authorities. Ask for guard's name for purpose of reporting.

Good luck.

The guard probably thinks she is helping the residences but has overstepped. She is probably not paid much and should be given the opportunity to save face.

[Submariner]

19. Be careful of George Zimmerman types

Can't pass the tests to be a cop, so will look for an opportunity to take down their target and will shoot if given the chance.

[awoke_in_2003]

21. Public sidewalk and a rent a cop?...

That warrants one response- "Go pound sand up your ass"